Approving the Consent to the Assignment of the Development Agreement with Gronen Development, Inc. to 5th & Main, LLCCity of Dubuque
City Council
PUBLIC HEARINGS # 1.
Copyrighted
July 6, 2026
ITEM TITLE: Approving the Consent to the Assignment of the
Development Agreement with Gronen Development, Inc. to
5th & Main, LLC
SUMMARY: Proof of Publication on the notice of public hearing to
consider Approving the Consent to the Assignment of the
Development Agreement by and between the City of
Dubuque, Iowa and Gronen Development, Inc. to 5th & Main,
LLC and City Manager recommending approval.
RESOLUTION Approving the Consent to an Assignment of
Development Agreement by and between the City of
Dubuque and Gronen Development, Inc. to 5th & Main, LLC
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo APPROVING THE CONSENT TO THE ASSIGNMENT OF THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE,
IOWA AND GRONEN DEVELOPMENT, INC T
2. Staff Memo—Gronen Assignment Consenting_06-16-2026
3. Resolution Consenting Assignment_06-16-2026
4. Assignment signed by both parties
Page 750 of 853
Dubuque
THE CITY OF
uFA�a9a av
DuBE
13
Masterpiece on the Mississippi zoo�•*o
rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution Approving the Consent to the Assignment of the Development
Agreement by and between the City of Dubuque, Iowa and Gronen
Development, Inc. to 5th & Main, LLC
DATE: June 30, 2026
Senior Counsel Barry Lindahl is recommending City Council approval of an Assignment
of Development Agreement to which Gronen Development, Inc. will assign its rights in
the Development Agreement to 5t" & Main, LLC.
A Development Agreement by and between the City of Dubuque, Iowa, and Gronen
Development, Inc. was approved by the City Council on March 17, 2025. Gronen
Development, Inc. has requested the reassignment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Jill Connors, Economic Development Director
Page 751 of 853
THE CITY OF
DUB TEE
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: July 6, 2026
Dubuque
AII•Ameriea City
2007-2012.2013
2017*2019
RE: RESOLUTION APPROVING THE CONSENT TO THE ASSIGNMENT OF
THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND GRONEN DEVELOPMENT, INC. TO 5TH & MAIN,
LLC
A Development Agreement by and between the City of Dubuque, Iowa, and Gronen
Development, Inc. was approved by the City Council on March 17, 2025 regarding the
following described premises:
BLK 17 DUBUQUE DOWNTOWN PLAZA
The property was subsequently replatted to include a small adjacent parcel and is
now legally described as follows:
Lot 1A of Block 17 Dubuque Downtown Plaza in the City of Dubuque, Iowa
Gronen Development, Inc. has entered into an Assignment of Development Agreement,
subject to the consent of City, pursuant to which Gronen Development, Inc. will assign its
rights in the Development Agreement to 5tn & Main, LLC.
I recommend the attached Resolution approving the consent to the Assignment of the
Development Agreement by and between Gronen Development, Inc. and 5t" & Main, LLC
be submitted to the City Council for consideration and adoption.
cc: Crenna Brumwell, City Attorney
Jill Connors, Economic Development Director
Flint Drake, Esq.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Page 752 of 853
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
RESOLUTION 267- 26
APPROVING THE CONSENT TO AN ASSIGNMENT OF DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND GRONEN
DEVELOPMENT, INC. TO 5TH & MAIN, LLC
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following
descried real property:
Lot 1A of Block 17 Dubuque Downtown Plaza in the City of Dubuque, Iowa
(the Property)
and
WHEREAS, City has entered into a Development Agreement with Gronen
Development, Inc. for the development of the Property; and
WHEREAS, Gronen Development, Inc. has entered into an Assignment of
Development Agreement, subject to the consent of City, pursuant to which Gronen
Development, Inc. will assign its rights in the Development Agreement to 5th & Main,
LLC; and
WHEREAS, pursuant to published notice, a public hearing was held on the
proposed Assignment of Development Agreement on March 17, 2025; and
WHEREAS, the City Council has determined that it would be in the best interests
of City to approve the Assignment of Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SECTION 1. The City of Dubuque hereby consents to the Assignment of
Development Agreement by and between Gronen Development, Inc. and Dubuque 51h &
Main, LLC.
SECTION 2. The Mayor is hereby authorized and directed to execute the Consent
to Assignment of Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 6th day of July, 2026.
Brad M. C , Mayor
ATTEST:
lcx,
Adrienne N. Breitfelder, City Clerk
Prepared by: Flint Drake, Drake Law Firm, PC 300 Main St., Suite 323, Dubuque, Iowa 52001 (563) 582-2000
Return to: Flint Drake, Drake Law Firm, PC 300 Main St., Suite 323, Dubuque, Iowa 52001 (563) 582-2000
ASSIGNMENT OF DEVELOPMENT AGREEMENT
BY AND BETWEEN
GRONEN DEVELOPMENT, INC.
AND
DUBUQUE 5T" & MAIN, LLC
THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT (the Assignment), dated
for reference purposes the / day of JtJAI,'- , 2026, is made and entered
into by and between Gronen Development, Inc. (Assignor), and Dubuque 5t" & Main, LLC
(Assignee).
WHEREAS, the City of Dubuque (City) and Assignor entered into a Development
Agreement dated March 17, 2025 (the Development Agreement), as amended; and
WHEREAS, the Development Agreement specifies various rights and obligations
of the Assignor and City related to the development of real estate legally described as:
Lot 1A of Block 17 Dubuque Downtown Plaza
and
WHEREAS, Assignor desires to assign all of its interest in and to the Development
Agreement to Assignee and Assignee desires to accept such assignment and agrees to
be bound by the terms and conditions set forth in this Assignment of Development
Agreement; and
WHEREAS, the Assignment by Assignor to Assignee hereunder is permanent and
complete and Assignor retains no rights under the Development Agreement whatsoever
as of the date hereof; and
WHEREAS, the Development Agreement requires the consent of City to an
assignment; and
WHEREAS, the City Council finds that consent of the Assignment of Development
Agreement is in the best interest of City.
Page 755 of 853
NOW THEREFORE, the parties to this Assignment of Development Agreement, in
consideration of the promises, covenant and agreements made by each other, do hereby
agree as follows:
SECTION 1. ASSIGNMENT. Assignor hereby assigns to Assignee, and Assignee
hereby accepts from Assignor, this Assignment of the Development Agreement, which
includes all rights and obligations of any sort whatsoever of Assignor thereunder such
that, upon acceptance hereof by Assignee, Assignor shall have no right or interest
whatsoever in and to the Development Agreement as of the date hereof and Assignee
shall carry out all obligations of, and be entitled to all rights of, Assignor thereunder.
SECTION 2. LAW/BINDING EFFECT. This Assignment shall be governed by and
construed in accordance with the laws of the State of Iowa. This Assignment shall be
binding upon the parties hereto and their respective successors in interest and assigns.
In the event of a breach of this Assignment the non -breaching party shall be entitled to all
rights and remedies at law or equity and shall be entitled to recover reasonable attorneys'
fees incurred due to the breach.
SECTION 3. AFFIRMATION. The parties hereby affirm the Development
Agreement in all respects, except that hereafter the Developer thereunder shall be the
Assignee; in all other respects, the Development Agreement shall remain in full force and
effect according to its terms.
GRONEN DEVELOPMENT, INC.
Assignor
By:
Mary nen, Vice -President
STATE OF IOWA )
) ss:
COUNTY OF DUBUQUE )
On this I day of J WIP_ , 2026, before me, a Notary Public in
and for said state, personally appeared Mary Gronen, to me known to be the person(s)
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
�aW TERESA KELLEY "-I—
Commission Number 851457jzYL
MyCommissim Expires Notary Public in and for the State of
1"N October 17, 2026
Iowa
Page 756 of 853
DUBUQUE 5T" & MAIN, LLC
Assignee
By: Kilbourne, LLC, Its Manager
By:
Mike Allmendinger, Pfresident
STATE OF NORTH DAKOTA
COUNTY OF CASS
SS:
This instrument was acknowledged before me on JVW,6 5 1 e2 ( (p ,
by Mike Allmendinger as President of Kilbourne, LLC, Manager of Dubuque 5th & Main,
I I r.
E
ARAVAN DE STREEKNotary Public
State of North Dakotaommission Expires February 20, 2030
The City of Dubuque, Iowa does hereby consent to the foregoing Assignment of
Development Agreement and releases Gronen Development, Inc. from any obligations
as Developer that accrue under the terms of the Development Agreement after the date
hereof.
. ifi •. I•
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/21/2026
and for which the charge is 96.94
Subscribed to before me, a Notary Public'in and for
Dubuque County, Iowa,
this 22nd day of June, 2026
Notary Pu
in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Commission Expires
12/11/2028
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, ON THE APPROVAL OF AN ASSIGNMENT OF
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND
GRONEN DEVELOPMENT, INC. TO 5TH & MAIN, LLC
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 6th day of July, 2026, at
6:30 p.m., in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, at which meeting the City
Council proposes to take action to approve an Assignment of
Development Agreement by and between the City of Dubuque, Iowa
and Gronen Development, Inc. to 5th & Main, LLC, a copy of
which is now on file at the Office of the City Clerk, City
Hall, 50 W 13th Street, Dubuque, Iowa, providing for the sale
of the following City -owned real estate:
Lot 1A of Block 17 Dubuque Downtown Plaza in the City of
Dubuque, Iowa
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official City Council agenda
will be posted the Friday before the meeting and will contain
public input options. The agenda can be accessed at
https://dubuqueia.portal.civicclerk.com/ or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to
the City Clerk's Office by email at ctyclerk@cityofdubuque.org
or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001 ,
before the scheduled hearing. The City Council will review all
written comments at the time of the hearing.
Documents related to the public hearing are on file in the
City Clerk's Office and may be viewed Monday through Friday
between 8:00 a.m. and 5:00 p.m.
Individuals requiring special assistance should contact the
City Clerk's Office as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or (800) 735-2942.
Published by order of the City Council given on the 15th day
of June 2026.
Trish Gleason, Assistant City Clerk
RESOLUTION NO. 247-26
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE BY APPROVING AN ASSIGNMENT OF DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF DUBUQUE AND GRONEN DEVELOPMENT, INC.
TO 5th & MAIN, LLC, FIXING THE DATE FOR A PUBLIC HEARING OF
THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE
ASSIGNMENT OF DEVELOPMENT AGREEMENT AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of
the following descried real property:
Lot lA of Block 17 Dubuque Downtown Plaza in the City of
Dubuque, Iowa (the Property); and
Whereas, City has entered into a Development Agreement with
Gronen Development, Inc. for the development of the Property;
and
Whereas, Gronen Development, Inc. has entered into an
Assignment of Development Agreement, subject to the consent of
City, pursuant to which Gronen Development, Inc. will assign
its rights in the Development Agreement to 5th & Main, LLC;
and
Whereas, the City Council has tentatively determined that it
would be in the best interests of City to approve the
Assignment of Development Agreement; and
Whereas, before said Assignment of Development Agreement may
be approved, the Code of Iowa requires that the City Clerk
publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action
thereon and at which meeting the City Council shall receive
oral and/or written objections from any resident or property
owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to approve the
Assignment of Development Agreement .
Section 2. The City Clerk is hereby authorized and directed
to cause this Resolution and a notice to be published as
prescribed by Iowa Code Section 364.7 of a public hearing on
the City's intent to approve the Assignment of Development
Agreement, to be held on the 6th day of July, 2026 at 6:30
p.m. in the Historic Federal Building, 350 W. 6th Street, 2nd
floor, Dubuque, Iowa, in the form attached hereto.
Section 3. The City Council will meet at said time and place
for the purpose of taking action on the matter of approving
the Assignment of Development Agreement.
Section 4. The City Clerk is hereby directed to cause at
least one publication, In a newspaper, language, published at
least once weekly, and having general circulation in said
City, said publication to be not less than four days nor more
than twenty days before the date of said meeting to approve of
the Assignment of Development Agreement.
Section 5. That the notice of the proposed action shall be
in substantially the form attached hereto.
Passed, approved and adopted this 15th day of June 2026.
/sBrad M. Cavanagh, Mayor
Attest:/s/Trish L. Gleason,
Assistant City Clerk
1t 6/21